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(영문) 인천지방법원부천지원 2016.11.16 2016가단15701

손해배상(기)

Text

1. Defendant B and Defendant C jointly share KRW 25,00,000 with respect to the Plaintiff, and Defendant B from November 21, 201, as from November 21, 201.

Reasons

1. Basic facts

A. Defendant C is a person who runs real estate brokerage business under the trade name of “E Licensed Real Estate Agent Office” in Bupyeong-si, Busan, and Defendant B is a spouse of Defendant C and has worked as a broker assistant of Defendant C.

B. The Defendant Korean Licensed Real Estate Agent Association (hereinafter “Defendant Association”) concluded a mutual aid agreement that guarantees the liability of licensed real estate agents for damages in compensating for the damages suffered by the parties to a transaction by making the limit of compensation KRW 100 million in cases where the parties to the transaction intentionally or by negligence inflict property damage on the parties to the transaction in the act of brokering

The limits of compensation determined by the above mutual aid agreement shall be as follows:

Article 8 (Limit of Compensation): The total amount of damages that each client may receive from the Association regardless of the number of clients or the amount of damages caused by any brokerage accidents occurred during the period of mutual aid subscribed by a mutual-aid policyholder shall be liable to compensate within the limit of the amount of mutual-aid stipulated in the certificate of mutual-aid.

The scope of damage covered by the defendant Association shall be the amount equivalent to the ratio of fault of the mutual-aid policyholder among the amount which the mutual-aid policyholder causes property damage to a transaction party while acting as a real estate broker.

C. Around July 2011, Defendant B introduced the Plaintiff, who wants to rent a house, KRW 7, Dong 102 (hereinafter “instant house”) as the leased object, Seocheon-gu G and 102 (hereinafter “instant house”).

On July 20, 201, Defendant B prepared and delivered a lease agreement with the Plaintiff on July 20, 201, stating that the instant house is the leased object, that is, the lessor F, the lease deposit amount of KRW 25,000,000, and that there is no monthly rent, from July 20, 2011 to July 20, 201, and the Plaintiff has occupied and resided in the instant house from that time.

The plaintiff is a security deposit for the above lease contract.